Sikandar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31926 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== SIKANDAR MUKHIYA Son of Mahesh Mukhiya Resident of Village - Bhuthi, P.S.- Sonbarsa, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Madhubala Verma For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Sonbarsa P.S. Case No. 31 of 2020 registered for the offence under Section 25 (1-B) a / 26 / 35 of the Arms Act. The allegation against the petitioner and others is that Police on the basis of secret information that petitioner and others have committed murder of one Anil Kumar and they are planning to commit another offence proceeded towards the place of occurrence and arrested the petitioner and one another and one person succeeded in fleeing away. It has further been alleged that petitioner accepted that he committed murder of Anil Kumar and has concealed country made pistol in a hut situated near Parsa Mahindra pond and upon search the Police

Patna High Court CR. MISC. No.31926 of 2021(2) dt.14-12-2021 2/3 recovered a country made pistol along with two misfired cartridges.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of his confessional statement only and the fire arm has not been recovered from the conscious possession of the petitioner and the same has been recovered from a hut situated near the pond. She next submits that a separate FIR has been lodged pertaining to the murder of Anil Kumar bearing Sonbarsa P.S. Case No. 21 of 2020 registered under Section 302 / 120(B) / 34 of the IPC in which petitioner is still in custody. She next submits that the petitioner is in custody since 15/02/2020 i.e. about more than 11⁄2 years.

On the other hand, learned counsel for the State submits that on the basis of the confessional statement of the petitioner fire arm has been recovered, which was used in the murder of one Anil Kumar, for which a separate F.I.R., as aforesaid, has been lodged by the Police in which the petitioner is in custody.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that weapon of crime has been recovered by the

Patna High Court CR. MISC. No.31926 of 2021(2) dt.14-12-2021 3/3 Police on the basis of confessional statement of the petitioner, however, a separate F.I.R. has been lodged bearing Sonbarsa P.S. Case No. 21 of 2020 in which the petitioner is in custody and in the present case the petitioner is in custody since 12/02/2020 and the charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner in the present matter.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 31 of 2020 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T